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HomeMy WebLinkAboutC02-203 Aspen Community Theaterj (-,0 Z- U.S —q_�/ LEASE AGREEMENT THIS Agreement is made and entered into this day of 2 02 between Eagle County, by and through its Board of County t%mmissioners (here after referred to as "Landlord ") and the Aspen Community Theater, a Colorado non - profit corporation (hereinafter referred to as "Tenant "). WITNESSETH: WHEREAS, Eagle County owns property commonly known as the Mt. Sopris Tree Farm in Basalt, Colorado ( "Facility"). WHEREAS, Eagle Countyis desirous ofmaking certain portions of the Facility available for use by non - profit organizations benefitting the citizens of Eagle County until such time as those portions of the Facility are converted to use by Eagle County. WHEREAS, tenant is desirous of utilizing portions of the Facility pursuant to the terms and conditions of this Agreement for the storage of theater sets. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: ARTICLE I Leased Premises Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the "Leased Premises ", described as a portion ofthe Garage Building consisting of garage bay #6 and the general area room located at the Facility, and more fully depicted on the attached floor plan labeled as Exhibit "A" and incorporated herein. ARTICLE II Term The term of this Lease is for one (1) years from June 1, 2002 to May 31, 2003 unless terminated earlier as specified herein. In no event shall this Agreement be renewed for a period beyond this term. ARTICLE III Rent Tenant agrees to pay Landlord a fixed amount of One (1) Dollar as the full rental amount for the term of this Agreement. By executing below, Landlord acknowledges receipt of this rental sum. ARTICLE IV Insurance Tenant agrees at Tenant's own expense to maintain in full force during the Lease Term comprehensive general liability and property insurance for the benefit of its members and the Landlord, which will cover Tenant and Landlord against liability for injury to persons and/or property, and death of any person or persons occurring in or about the Leased Premises. Each policy shall be approved as to form by Landlord. The liability under such insurance shall not be less than $150,000 for any one person injured or killed, and not less than $600,000 for any one accident and not less than $50,000 property damage. The policies shall name as insured parties Tenant and Landlord and any persons, firms or corporations designated by Landlord. A copy of the policy or a certificate of insurance shall be delivered to Landlord. ARTICLE V Indemnification Tenant acknowledges that it uses the Leased Premises at its own, sole risk. Tenant hereby releases Landlord from liability for any costs, losses or damages of any nature whatsoever which Tenant may suffer as a result of its use of the Leased Premises, except for the willful misconduct of Landlord. Additionally, Tenant will indemnify Landlord and save Landlord harmless from and against any and all liability for any costs, losses or damages of any nature whatsoever suffered or alleged to be suffered by any third parry (including Tenant's members, directors, officers, employees and agents) as a result of Tenant's use of the Lease Premises. In case Landlord shall be made a party to any litigation commenced by or against Tenant, then Tenant shall fully protect and hold Landlord harmless and pay all costs, expense, and reasonable attorney's fees, incurred or paid by Landlord in connection with such litigation, to the extent allowed by law. ARTICLE VI Utilities 1. Landlord shall provide electricity for lighting inside the Leased Premises. Tenant shall be responsible for collecting and disposing oftrash with sufficient frequency to keep the Leased Premises and adjacent grounds (including parking area) reasonably neat and clean. 2. With regard to all utilities, it is mutually agreed that Landlord shall not be liable in damages or otherwise for any interruption or failure thereof. 3. Tenant agrees that the Leased Premises is solely to be used for the storage of sets and use the Leased Premises in any way that would increase the amount of utilities usually furnished or supplied for use of the Leased Premises as general storage space. 2 ARTICLE VII Prohibited Uses 1. Tenant will not use, occupy, or permit the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use, or purposes deemed by Landlord to be disreputable, or hazardous, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, State of Colorado, County of Eagle, Town of Eagle, or other municipal, governmental, or lawful authority whatsoever having jurisdiction. 2. Tenant shall not perform any act or cant' on any practices which may injure the Facility of which the Leased Premises form a part or be a nuisance or menace to other tenants in said Facility. Tenant shall at all times be respectful of the other occupants of the Facility. 3. Tenant shall not do or permit anything to be done in or about the Leased Premises or bring or keep anything therein which will in any way increase the rate of fire insurance upon the building wherein the Leased Premises are situated. Tenant shall, at Tenant's sole cost and expense, comply with any and all requirements pertaining to the Leased Premises of any insurance company necessary for the maintenance of reasonable fire and public liability insurance covering the Leased Premises. 4. Tenant shall not operate any other types of businesses other than that business identified herein. 5. No hazardous substances or materials are allowed on the Premises. Hazardous substances or materials are those which are identified by State of Colorado or Federal law or regulation or any substance or materials identified by a Material Safety Data Sheet (MSDS) indicating a health, fire or reactivity rating of one (1). 6. No storage of any items, garbage, chairs, tables, etc. may be placed, outside of the Leased Premises, e.g. on sidewalks, in common areas, on parking surfaces, etc. 7. Tenant shall not occupy the Leased Premises past 9:00 pm on any night. Tenant shall not paint or construct sets at the site. ARTICLE VIII Repairs, Alterations and Improvements 1. Tenant shall keep the Leased Premises, except for structural portions, in good order, condition and repair. j 2. All reasonable alterations, improvements, and/or additions to the Leased Premises by Tenant will only be done at Tenant's expense after obtaining Landlord's written consent. 3. Unless otherwise agreed by Landlord, all alterations, improvements, partitions, flooring, carpeting or fixtures, including but not limited to light fixtures, electrical fixtures, and plumbing fixtures, and other changes to the Leased Premises which may be made or installed by either of the parties hereto and which in any manner are attached to the floors, walls, windows, or ceilings are to become, at the option of Landlord, the property of Landlord upon the termination of this Agreement, however such termination shall occur, and shall remain upon and be surrendered with the Leased Premises without reimbursement by Landlord to Tenant for the cost of any such alterations, improvements or changes. If Landlord elects that any of the alterations, improvements or changes be removed by Tenant upon termination ofthis Agreement, Tenant shall remove the same prior to the termination hereof and shall repair any damages caused by such removal. 4. At the expiration of the lease term, Tenant shall remove all of its movable trade fixtures which shall not be the property of Landlord under the foregoing provisions of this paragraph. Tenant's obligations to perform the covenants contained in this Paragraph of this Agreement shall survive the expiration or other termination of this Agreement. ARTICLE IX Assignment and Sublettin:? Tenant shall not assign this Agreement nor any interest herein, or permit the use of the Leased Premises by any person or persons other than Tenant, or sublet the Premises in whole or in part without Landlord's prior written consent which may be withheld at Landlord's sole discretion. ARTICLE X Access to Premises Landlord and Landlord's authorized representative shall have the right to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, to make repairs, additions or alterations to the Premises and for any lawful purpose. Landlord agrees to provide Tenant with reasonable notice whenever Landlord deems necessary to enter upon the Premises and agrees to protect the privacy rights and confidential information concerning Tenant's clients. ARTICLE XI Default Delinquency by Tenant in the performance of or compliance with any of the obligations of Tenant contained in this Agreement, for a period of ten (10) days after written notice thereof from Landlord, shall constitute a default of this Agreement by Tenant. ARTICLE XII Termination 1. This Agreement may be terminated upon the occurrence of any of the following: A. Default of the Tenant in performance of its obligations hereunder; B. Written notification by either parry that this Agreement will terminate for any reason whatsoever, with or without cause, specifying the date of termination. Said termination date shall be no sooner than five (5) days from the date of notification; 2. Upon the conclusion of this Agreement pursuant to this Article or pursuant to expiration of the stated term, Tenant shall peacefully surrender the Leased Premises to Landlord, and Landlord upon or at any time after any such expiration, may, without further notice, peaceably reenter the Leased Premises and take control of the same. 3. No such termination ofthis Agreement shall relieve Tenant's liability and obligations under this Agreement. ARTICLE XIII Waiver One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and the consent or approval by Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by Landlord. ARTICLE XIV Hold Over Tenant acknowledges that the term of this Agreement expires on May 31, 2003 and agrees to vacate the premises on or before said date. However, if Tenant should remain in possession of the premises after the expiration of the Agreement term for whatever reason and without executing a new Agreement, then such holding over shall be construed as a tenancy from month to month, subject to all the conditions, provisions and obligations of this Agreement insofar as the same are applicable to a month to month tenancy. ARTICLE XV Notices r 1. All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the parry to be notified at the following address or at such other address as either party may from time to time designate in writing. Landlord /Lessor Eagle County c/o Eagle County Facilities Management arm: Rich Cunningham 500 Broadway P.O. Box 850 Eagle, CO 81631 Tel 970 328 -8700 Tenant /Lessee Aspen Community Theater attn: Rita Hunter P.O. Box 260 Aspen, Colorado 81631 Tel 970 923 -3327 2. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. ARTICLE XVI Attornev's Fees & Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or nonperformance of this Agreement, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. Landlord and Tenant expressly waive any right which either may have to trial by jury of any dispute arising under this Agreement relating to the issues of termination of this Agreement and rights to possession of the Premises. ARTICLE XVII Entire Agreement, Amendments This Agreement, with attachments, constitutes the entire agreement oftheparties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondence, if any, with respect thereto. This Agreement may be amended only by one or more Amendments executed in the same manner as this Agreement. ARTICLE XVIII Miscellaneous Provisions If any portion of this Agreement shall be declared invalid or unenforceable, the G9 remainder of the Agreement shall continue in full force and effect. 2. This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. This Agreement shall be construed in accordance with the laws of the State of Colorado. The parties stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this Agreement. 4. The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of the respective corporations. S. The Tenant for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that no person on the sole grounds of race, color, religion, national origin, gender, age, military status, martial status, or physical or mental disability shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of the Leased Premises. 6. No agent, employee or volunteer of Tenant shall be deemed an agent, employee o volunteer of the Landlord. Likewise, no agent, employee or volunteer of Landlord shall be deemed an agent, employee or volunteer of the Tenant. Tenant acknowledges that the Leased Premises is not secure from entry by users of other space in the same building. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO By and Th Board of County Commissioners Clerk to the Board of County Commissioners laghc Chairman Y tt, Nt� Cotes` TENANT: By: ��t✓ Name: Z, , Title: e ft ez STATE OF COLORADO) COUNTY OF EAGLE) M0 The foregoing instrument was acknowledged before me this day of , 2001, by Witness my hand and official seal. Notary Public My commission expires: GAbryan \misc\aspen theatecwpd EAGLE BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST & STAFF RECOMMENDATION FORM 1 ' TITLE Lease Agreement between Eagle County and the Aspen Community Theater LOCATION Eagle County Room STAFF CONTACT /PRESENTER Rich Cunningham P9 DEPARTMENT Facilities Management REQUESTED HEARING DATE 7/16/02 (1ST CHOICE)\ 7/23/02 (2ND CHOICE) CHECK ONE: CONSENT CALENDAR X ON THE RECORD _ WORK SESSION_ LENGTH OF TIME REQUESTED\REQUIRED N/A THE DOCUMENTS TO BE SIGNED HAVE BEEN REVIEWED & APPROVED BY THE COUNTY ATTORNEY --- Attorney IF THIS IS A CONTRACT OR OTHER ITEM REQUIRING AN EXPENDITURE, IS THE FULL AMOUNT TO COVER THIS REQUEST IN THE CURRENTAPPROVED BUDGET? N/A PROJECT /CONTRACT DESCRIPTION Lease of Garage Bay #6 and general area room to Aspen Community Theater. STAFF RECOMMENDATION Execution of Lease. BASIS FOR RECOMMENDATION PROPOSED MOTTO (ATTACH ALL BACK UP DOCUMENTS TO THIS FORM) Revised 8/15/2000 v ' "- / Jack Ingstad, County Administrator G:IAGENDA \Berry Creek Lese.wpd— ��j /� /�. vl